CASE REVIEW CITI-RIGHTS EUROPE PROJECT 2010 -2015

European Alternatives (EA) is a transnational civil society organisation and citizen movement promoting democracy, equality and culture beyond the nation state.

This publication has been produced with the financial support of the Fundamental Rights and Citizenship Programme of the

European Union. The contents of this publication are the sole responsibility of European Alternatives and can in no way be taken to

reflect the views of the European Commission:

Year Case number Case name Articles Issue

2015 C-117/14 Grima Janet Nisttahuz Poclava v Jose María Ariza Toledano

Article 30 of the Charter and Council Directive 1999/70/EC

The request has been made in proceedings between Ms Nisttahuz Poclava and her employer, Mr Ariza Toledano, concerning Ms Nisttahuz Poclava’s dismissal

2014 C-129/13 and C-130/13

Kamino International Logistics BV (C-129/13), Datema Hellmann Worldwide Logistics BV (C-130/13) v Staatssecretaris van Financiën

Council Regulation (EEC) No 2913/92; Regulation (EC) No 2700/2000

The requests were made in proceedings between Kamino International Logistics BV (‘Kamino’) and Datema Hellmann Worldwide Logistics BV (‘Datema’) on the one hand, and the Staatssecretaris van Financiën, on the other hand, concerning the application of the principle of respect for the rights of the defence in connection with the Customs Code.

2014 C-129/14 PPU Zoran Spasic,

Article 54 Schengen Agreement and Article 50 of the Charter

The request has been made in the context of criminal proceedings brought against Mr Spasic in Germany in relation to fraud offences committed in Italy.

2012 C-147/11 and C-148/11

Secretary of State for Work and Pensions v Lucja Czop (C-147/11),Margita Punakova (C-148/11),

Article 12 of Regulation (EEC) No 1612/68 Article 16(1) of Directive 2004/38/EC Regulation (EEC) No 1612/68 Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The references were submitted in the course of proceedings between, on the one hand, Ms Czop and Ms Punakova, respectively, and, on the other, the Secretary of State for Work and Pensions, regarding the refusal of the latter to grant either Ms Czop or Ms Punakova income support.

2014 C-153/13 Pohotovosť s. r. o. VERSUS Ján Soroka

Articles 6 and 7 of Council Directive 93/13/EEC; Articles 38 and 47 of the Charter

The request has been made in proceedings between Pohotovosť s. r. o. (‘Pohotovosť’) and Mr Soroka relating to the forced recovery of a sum owed by Mr Soroka under a consumer credit agreement which he had concluded with Pohotovosť.

2015 C-157/14

Neptune Distribution SNC V Ministre de l’Économie et des Finances (Minister for Economic Affairs and Finance)

Regulation (EC) No 1924/2006; Regulation (EC) No 107/2008; Article 2(1) of Directive 2000/13/EC; Article 9(1) and (2) of Directive 2009/54/EC; Article 9(1) and (2) of Directive 2009/54/EC

The request has been made in proceedings between Neptune Distribution SNC (‘Neptune Distribution’) and the Minister for Economic Affairs and Finance concerning the legality of the implementing decision of 5 February 2009 taken by the Head of the Departmental Unit for Allier of the Regional Directorate for Competition, Consumption and Suppression of Fraud for the Auvergne, and the decision of the Minister for the Economy, Industry and Employment of 25 August 2009 rejecting the appeal through the appropriate channels brought by Neptune Distribution

2014 C-169/14

Juan Carlos Sánchez Morcillo and María del Carmen Abril García v Banco Bilbao Vizcaya Argentaria, SA,

Article 7 of Council Directive 93/13/EEC and Article 47 of the Charter

objection to the enforcement of a mortgage against their home

2015 C-239/14 Abdoulaye Amadou Tall v Centre public d’action sociale de Huy

Article 39 of Council Directive 2005/85/EC Article 47 of the Charter

The request has been made in proceedings between Mr Tall and the centre public d’action sociale de Huy (public social welfare centre, Huy) (‘the CPAS’), concerning the decision taken by that body to withdraw Mr Tall’s social assistance.

2014 C-293/12 and C-594/12

Digital Rights Ireland Ltd(C-293/12) v Minister for Communications, Marine and Natural Resources,Minister for Justice, Equality and Law Reform,Commissioner of the Garda Síochána,Ireland,The Attorney General, intervener: Irish Human Rights Commission and Kärntner Landesregierung (C-594/12)Michael Seitlinger,Christof Tschohl and others,

Directive 2006/24/EC, Directive 2002/58/EC

These requests for a preliminary ruling concern the validity of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54). The request made by the High Court (Case C-293/12) concerns proceedings between (i) Digital Rights Ireland Ltd. (‘Digital Rights’) and (ii) the Minister for Communications, Marine and Natural Resources, the Minister for Justice, Equality and Law Reform, the Commissioner of the Garda Síochána, Ireland and the Attorney General, regarding the legality of national legislative and administrative measures concerning the retention of data relating to electronic communications. The request made by the Verfassungsgerichtshof (Constitutional Court) (Case C-594/12) concerns constitutional actions brought before that court by the Kärntner

Landesregierung (Government of the Province of Carinthia) and by Mr Seitlinger, Mr Tschohl and 11 128 other applicants regarding the compatibility with the Federal Constitutional Law (Bundes-Verfassungsgesetz) of the law transposing Directive 2006/24 into Austrian national law.

2014 C-331/13

Ilie Nicolae Nicula v Administraţia Finanţelor Publice a Municipiului Sibiu, Administraţia Fondului pentru Mediu

Article 6 TEU, Article 110 TFEU, Articles 17, 20 and 21 of the Charter

The request has been made in proceedings between Mr Nicula on the one hand, and the Administraţia Finanţelor Publice a Municipiului Sibiu (Office of Public Finances, Sibiu) and the Administraţia Fondului pentru Mediu (Environment Fund Office) on the other, concerning the refusal of those authorities to grant his application for the repayment of the motor vehicle pollution tax (‘the pollution tax’) levied in breach of EU law (‘EU law’).

2015 C-408/14 Aliny Wojciechowski v Office national des pensions (ONP) Article 34(1) of the Charter

The request has been made in proceedings between Ms Wojciechowski and the Office national des pensions (ONP) in relation to the ONP’s refusal to pay her a retirement pension for employed persons.

2013 C-529/11

Olaitan Ajoke Alarape, Olukayode Azeez Tijani v Secretary of State for the Home Department, intervening party: AIRE Centre

Article 12 of Regulation (EEC) No 1612/68 Directive 2004/38/EC Articles 16(2), 17(3) and (4), and 18 of Directive 2004/38

The request has been made in proceedings between, on the one hand, Ms Alarape and her son Mr Tijani and, on the other, the Secretary of State for the Home Department (‘the Secretary of State’) concerning the latter’s refusal of their application for a right of permanent residence in the United Kingdom pursuant to Directive 2004/38.

2010 C-92/09 and C-93/09

Volker und Markus Schecke GbR (C-92/09), Hartmut Eifert (C-93/09) v Land Hessen joined party: Bundesanstalt für Landwirtschaft und Ernährung

Articles 42(8b) and 44a of Council Regulation (EC) No 1290/2005 and Directive 2006/24/EC Article 7, the second indent of Article 18(2) and Article 20 of Directive 95/46/EC

Those questions have been raised in the course of proceedings between Volker und Markus Schecke GbR and Mr Eifert (‘the applicants in the main proceedings’) and Land Hessen (the Land of Hesse) concerning the publication on the internet site of the Bundesanstalt für Landwirtschaft und Ernährung (Federal Office for Agriculture and Food; ‘the Bundesanstalt’) of personal data relating to them as recipients of funds from the EAGF or the EAFRD.

2015 Case C-1/14 Mobistar NV v Ministerraad

Articles 9 and 32 of Directive 2002/22/EC; Directive 2009/136/EC; Article 20 of the Charter

The request has been made in proceedings between, on the one hand, Base Company NV (‘Base Company’) and Mobistar NV (‘Mobistar’) and the Ministerraad (Council of Ministers) concerning an action for the annulment of national-law provisions requiring operators providing consumers with mobile communication services and/or internet subscription services to contribute to the financing of the net cost of those services.

2013 Case C-101/12 Herbert Schaible v Land Baden-Württemberg

Articles 3(1), 4(2), 5(1) and the first paragraph of Article 9(3) of Council Regulation (EC) No 21/2004Regulation (EC) No 1782/2003 Directives 92/102/EEC and 64/432/EEC Commission Regulation (EC) No 933/2008

The reference has been made in the course of proceedings between Mr Schaible and the Land Baden-Württemberg concerning the compatibility of those provisions with the primary law of the European Union.

2014 Case C-112/13 A v B and Others

Article 267 TFEU and Article 24 of Council Regulation (EC) No 44/2001

The request has been made in proceedings between A, on the one hand, and B and Others, on the other, concerning an action for damages brought against A by B and Others before the Austrian courts.

2014 Case C-131/12

Google Spain SL,Google Inc. V Agencia Española de Protección de Datos (AEPD), Mario Costeja González

Article 2(b) and (d), Article 4(1)(a) and (c), Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46/EC and of Article 8 of the Charter

The request has been made in proceedings between, on the one hand, Google Spain SL (‘Google Spain’) and Google Inc. and, on the other, the Agencia Española de Protección de Datos (Spanish Data Protection Agency; ‘the AEPD’) and Mr Costeja González concerning a decision by the AEPD upholding the complaint lodged by Mr Costeja González against those two companies and ordering Google Inc. to adopt the measures necessary to withdraw personal data relating to Mr Costeja González from its index and to prevent access to the data in the future.

2010 Case C-135/08 Janko Rottmann v Freistaat Bayern

EC Treaty relating to citizenship of the European Union.

The reference was made in connection with proceedings between Dr Rottmann and the Freistaat Bayern, concerning the latter’s withdrawal of the naturalisation of the applicant in the main proceedings

2012 Case C-137/11 Partena ASBL v Les Tartes de Chaumont-Gistoux SA,

Articles 13 and 14c of Council Regulation (EEC) No 1408/71 Council Regulation (EC) No 1606/98 Article 21 TFEU

The reference has been made in proceedings between Partena ASBL (‘Partena’), the social insurance office for self-employed persons in Belgium, and Les Tartes de Chaumont-Gistoux SA (‘Les Tartes de Chaumont-Gistoux’) concerning the recovery by Partena from that company of social security contributions and surcharges for the period from the first quarter of 1999 to the fourth quarter of 2007.

2013 Case C-140/12 Pensionsversicherungsanstalt v Peter Brey

Directive 2004/38/EC Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request has been made in proceedings between Mr Brey and the Pensionsversicherungsanstalt (Pensions Insurance Institution) (Austria), concerning the latter’s refusal to grant him the compensatory supplement (Ausgleichzulage) provided for in Austrian legislation to augment his German retirement pension

2010 Case C-145/09 Land Baden-Württemberg v Panagiotis Tsakouridis

Articles 16(4) and 28(3)(a) of Directive 2004/38/EC

The reference has been made in proceedings between Land Baden-Württemberg and Mr Tsakouridis, a Greek national, concerning the decision of that Land determining the loss of his right of entry and residence in the Federal Republic of Germany and the threatened decision to expel him

2015 Case C-147/14

Loutfi Management Propriété intellectuelle SARL v AMJ Meatproducts NV, Halalsupply NV

Article 9(1)(b) of Council Regulation (EC) No 207/2009

The request has been made in proceedings between Loutfi Management Propriété intellectuelle SARL (‘Loufti’), on the one hand, and AMJ Meatproducts NV (‘Meatproducts’) and Halalsupply NV (‘Halalsupply’), on the other hand, concerning an alleged infringement of two Community trade marks registered by Loutfi

2012 Case C-15/11 Leopold Sommer v Landesgeschäftsstelle des Arbeitsmarktservice Wien

Article 20 of the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union (OJ 2005 L 157, p. 29) paragraph 14 of Point 1 of Annex VI to that Protocol and of Council Directive 2004/114/EC

The reference has been made in proceedings between Mr Sommer and the Landesgeschäftsstelle des Arbeitsmarktservice Wien (Regional Agency of the Department of Employment, Vienna) (‘the Vienna Arbeitsmarktservice’) concerning the latter’s refusal to issue Mr Sommer, on behalf of a Bulgarian national studying in Austria, with a permit to work as a part-time driver.

2011 Case C-155/09 European Commission v Hellenic Republic

Articles 18, 39 and 43 EC, in the light of Article 12 EC, and under Articles 4, 28 and 31 of the Agreement on the European Economic Area

the Hellenic Republic has failed to fulfil its obligations inasmuch as it is impeding the exercise of fundamental freedoms deriving from those provisions.

2010 Case C-162/09 Secretary of State for Work and Pensions v Taous Lassal

Article 16 of Directive 2004/38/EC

The reference was made in the course of proceedings between Ms Lassal and the Secretary of State for Work and Pensions (‘the Secretary of State’). Child Poverty Action Group (‘CPAG’) has intervened in the dispute in the main proceedings in support of Ms Lassal

2012 Case C-172/11 Georges Erny v Daimler AG — Werk Wörth

Article 45 TFEU and Article 7(4) of Regulation (EEC) No 1612/68

The reference has been made in proceedings between Mr Erny, a French national residing in France and working in Germany, and his employer, Daimler AG — Werk Wörth (‘Daimler’), concerning the calculation of a top-up amount on wages (‘the top-up amount’), which is payable to him under a scheme of ‘part-time working for older employees prior to retirement’.

2013 Case C-180/12 Stoilov i Ko EOOD v Nachalnik na Mitnitsa Stolichn

Annex I to Council Regulation (EEC) No 2658/87 Commission Regulation (EC) No 1031/2008 Council Regulation (EEC) No 2913/92 Council Regulation (EC) No 1791/2006 Articles 41 and 47 of the Charter

The request has been made in proceedings between Stoilov i Ko ЕООD (‘Stoilov’) and the Nachalnik na Mitnitsa Stolichna (Director of Customs in Sofia) concerning the tariff classification of goods described as ‘materials for the manufacture of blinds’, originating in China.

2014 Case C-19/14, Ana-Maria Talasca, Angelina Marita Talasca v Stadt Kevelaer

EU law Paragraph 7(1); principle of the prohibition of discrimination

The request was made in the context of proceedings between Ms Ana-Maria Talasca and her daughter, Angelina Marita Talasca, and the Stadt Kevelaer (city of Kevelaer), arising from the refusal of the employment service in that town (the ‘Jobcenter’) to award them the payment of certain social benefits.

2014 Case C-198/13

Víctor Manuel Julian Hernández, Chems Eddine Adel, Jaime Morales Ciudad, Bartolomé Madrid Madrid, Martín Selles Orozco, Alberto Martí Juan, Said Debbaj v Reino de España (Subdelegación del Gobierno de España en Alicante), Puntal Arquitectura SL, Obras Alteamar SL, Altea Diseño y Proyectos SL, Ángel Muñoz Sánchez, Vicente Orozco Miro

Directive 2008/94/EC; Article 20 of the Charter

The request has been made concerning the payment of an amount corresponding to that of the outstanding remuneration owed to the applicants in the main proceedings during proceedings challenging those employees’ dismissals after the 60th working day following the date on which their actions challenging their dismissals were brought and until the date of service of the judgment declaring those dismissals to be invalid.

2012 Case C-199/11

Europese Gemeenschap v Otis NV, General Technic-Otis Sàrl, Kone Belgium NV, Kone Luxembourg Sàrl, Schindler NV, Schindler Sàrl, ThyssenKrupp Liften Ascenseurs NV, ThyssenKrupp Ascenseurs Luxembourg Sàrl

Articles 282 EC, 335 TFEU and 47 of the Charter Articles 103 and 104 of Council Regulation (EC, Euratom) No 1605/2002

The reference has been made in proceedings between (i) the Europese Gemeenschap (European Community), represented by the European Commission, and (ii) Otis NV, Kone Belgium NV, Schindler NV, ThyssenKrupp Liften Ascenseurs NV, General Technic-Otis Sàrl, Kone Luxembourg Sàrl, Schindler Sàrl and ThyssenKrupp Ascenseurs Luxembourg Sàrl, manufacturers of elevators and escalators, concerning an action for damages in respect of loss sustained as a result of an infringement by those companies of Article 81 EC.

2014 Case C-201/13

Johan Deckmyn, Vrijheidsfonds VZW v Helena Vandersteen, Christiane Vandersteen, Liliana Vandersteen, Isabelle Vandersteen, Rita Dupont, Amoras II CVOH, WPG Uitgevers België

Article 5(3)(k) of Directive 2001/29/EC

The request has been made in proceedings between Mr Deckmyn and the Vrijheidsfonds VZW, a non-profit association, and various heirs of Mr Vandersteen, author of the Suske en Wiske comic books, and the holders of the rights associated with those works as well, about the handing-out by Mr Deckmyn of a calendar that contained a reproduction of a drawingwhich resembled a drawing appearing on the cover of one of the books in the Suske en Wiske series.

2014 Case C-202/13

The Queen, Sean Ambrose McCarthy, Helena Patricia McCarthy Rodriguez, Natasha Caley McCarthy Rodriguez v Secretary of State for the Home Department

Article 35 of Directive 2004/38/EC; Regulation (EEC) No 1612/68; Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC; Article 1 of the Protocol (No 20); Article 26 TFEU

Article 35 of Directive 2004/38/ECRegulation (EEC) No 1612/68Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EECArticle 1 of the Protocol (No 20)Article 26 TFEU

2010 Case C-208/09 Ilonka Sayn-Wittgenstein v Landehauptmann von Wien Article 21 TFEU

The reference has been made in proceedings between Mrs Sayn-Wittgenstein, an Austrian national resident in Germany, and the Landeshauptmann von Wien (Head of Government of the Province of Vienna) regarding the latter’s decision to correct the entry in the register of civil status of the family name ‘Fürstin von Sayn-Wittgenstein’ acquired in Germany following an adoption by a German national, and to replace it with the name ‘Sayn-Wittgenstein’.

2014 Case C-212/13 František Ryneš v Úřad pro ochranu osobních údajů

Article 3(2) of Directive 95/46/EC

The request has been made in proceedings between Mr Ryneš and the Úřad pro ochranu osobních údajů (Office for Personal Data Protection; ‘the Office’), concerning a decision by which the Office found that Mr Ryneš had committed a number of offences in relation to the protection of personal data.

2015 Case C-218/14 Kuldip Singh, Denzel Njume, Khaled Aly v Minister for Justice and Equality,

Articles 7(1)(b) and 13(2)(a) of Directive 2004/38/EC Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request has been made in three sets of proceedings between Mr Singh, Mr Njume and Mr Aly and the Minister for Justice and Equality (‘the Minister’) concerning the Minister’s rejection of their applications for retention of their right of residence in Ireland following their divorces.

2013 Case C-220/12 Andreas Ingemar Thiele Meneses v Region Hannover

Articles 20 EC and 21 TFEU

he request has been made in proceedings between Mr Thiele Meneses, a German national residing in Istanbul (Turkey), and the education and training grants unit of Region Hannover (Region of Hannover), regarding the refusal of an education grant for studies pursued in the Netherlands

2013 Case C-233/12 Simone Gardella v Istituto nazionale della previdenza sociale (INPS)

Articles 20 TFEU, 45 TFEU, 48 TFEU and 145 TFEU to 147 TFEU and of Article 15 of the Charter

The request has been made in proceedings between Mr Gardella, working at the European Patent Office (EPO), in Munich (Germany) and the Istituto nazionale della previdenza sociale (INPS) (the National Social Security Institute) concerning the INPS’s refusal to transfer to the EPO’s social security scheme the capital value representing the pension rights he acquired during his periods of employment in Italy.

2014 Case C-244/13

Ewaen Fred Ogieriakhi v Minister for Justice and Equality, Ireland, Attorney General, An Post

Article 16(2) of Directive 2004/38/EC, Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC Article 10(3) of Regulation (EEC) No 1612/68

The request has been made in proceedings between, on the one hand, Mr Ogieriakhi and, on the other, the Minister for Justice and Equality, Ireland, the Attorney General and An Post, concerning a claim for damages that Mr Ogieriakhi has brought against Ireland on the basis of the case-law devolving from Francovich and Others (C-6/90 and C-9/90, EU:C:1991:428), because of an alleged failure by Ireland to fulfil its obligations concerning the transposition of Directive 2004/38 into national law.

2012 Case C-249/11 Hristo Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti

Article 4(3) TEU, Articles 20 TFEU and 21 TFEU, of Article 52(1) of the Charter Articles 27(1) and 31(1) and (3) of Directive 2004/38/EC Regulation (EEC) No 1612/68 Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The reference has been made in proceedings between Mr Byankov and the glaven sekretar na Ministerstvo na vatreshnite raboti (Principal Secretary of the Ministry of the Interior) concerning the refusal to reopen an administrative procedure and to annul an administrative measure prohibiting Mr Byankov from leaving Bulgaria on account of his failure to pay a private debt.

2014 Case C-249/13 Khaled Boudjlida v Préfet des Pyrénées-Atlantiques

Article 6 of Directive 2008/115/EC; right to be heard

The request has been made in proceedings between Mr Boudjlida, an illegally staying Algerian national, and the Prefect of Pyrénées-Atlantiques, concerning the latter’s decision of 15 January 2013 imposing on Mr Boudjlida the obligation to leave France, setting a period for voluntary departure of 30 days and fixing Algeria as the destination country (‘the contested decision’).

2011 Case C-253/09 European Commission v Republic of Hungary

Articles 18 EC, 39 EC and 43 EC and Articles 28 and 31 of the Agreement on the European Economic Area

By its application, the Commission of the European Communities asks the Court to declare that, by treating differently the purchase of property in Hungary for use as a principal residence following a related sale of property of the same nature, depending on whether the property sold was situated in Hungary or in the territory of another Member State, the Republic of Hungary has failed to fulfil its obligations

2011 Case C-256/11

Murat Dereci, Vishaka Heiml, Alban Kokollari, Izunna Emmanuel Maduike, Dragica Stevic v Bundesministerium für Inneres

Council Decision No 64/732/EEC Council Regulation (EEC) No 2760/72

The reference has been made in proceedings between Mr Dereci, concerning the latter’s rejection of the application for residence authorisations by the applicants in the main proceedings, coupled with, in four of the disputes in the main proceedings, an expulsion order and individual removal orders from Austria.

2014 Case C-265/13 Emiliano Torralbo Marcos v Korota SA, Fondo de Garantía Salarial, Article 47 of the Charter

The request has been made in proceedings between Mr Torralbo Marcos and Korota SA (‘Korota’) and the Wages Guarantee Fund (‘the Fogasa’) concerning payment of the compensation due to Mr Torralbo Marco following his dismissal by Korota, which is subject to court-

supervised administration proceedings

2012 Case C-269/09 European Commission v Kingdom of Spain

Articles 18 EC, 39 EC and 43 EC and Articles 28 and 31 of the Agreement on the European Economic Area

By its application, the Commission of the European Communities claims that the Court should declare that the Kingdom of Spain has failed to fulfil its obligations, by adopting and maintaining in Article 14 of Law 35/2006 on personal income tax and amending in part the laws on the taxation of corporations, of the income of non-residents and of wealth

2011 Case C-27/09 P

French Republic, appellant, other parties to the proceedings being: People’s Mojahedin Organization of Iran applicant at first instance, Council of the European Union, defendant at first instance, European Commission, intervener at first instance

Case T-284/08 concerning Council Decision 2008/583/EC

the French Republic seeks to have set aside the judgment of the Court of First Instance of the European Communities, by which that court upheld the action brought by the People’s Mojahedin Organization of Iran (‘the PMOI’) for annulment of Council Decision 2008/583/EC insofar as it concerned the PMOI

2012 Case C-27/11 Anton Vinkov v Nachalnik Administrativno-nakazatelna deynost

Article 2 of Protocol No 7 to the European Convention Articles 47 and 48 of the Charter Articles 67 TFEU, 82 TFEU and 91(1)(c) TFEU

The reference has been made in proceedings between Mr Vinkov, a Bulgarian national, and Nachalnik Administrativno-nakazatelna deynost concerning a decision of the Bulgarian traffic police imposing on Mr Vinkov a financial penalty of BGN 20 and deducting a number of points from his driving licence.

2014 Case C-270/13 Iraklis Haralambidis v Calogero Casilli

Articles 45 TFEU, 49 TFEU and 51 TFEU, Directive 2006/123/EC Articles 15 and 21(2) of the Charter

The request has been made in proceedings between Mr Haralambidis, a Greek national, and Mr Casilli concerning the appointment of Mr Haralambidis as President of the Autorità Portuale di Brindisi (the Port Authority of Brindisi).

2013 Case C-275/12 Samantha Elrick v Bezirksregierung Köln Articles 20 TFEU and 21 TFEU

The request has been made in proceedings between Ms Elrick, a German national, and the Bezirksregierung Köln (Local Administrative Authority, Cologne) concerning the latter’s refusal to grant Ms Elrick an education grant for an educational course pursued in the United Kingdom.

2013 Case C-276/12 Jiří Sabou v Finanční ředitelství pro hlavní město Prahu

Council Directive 77/799/EEC, Council Directive 2006/98/EC

This request for a preliminary ruling concerns the interpretation of Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums (OJ 1977 L 336, p. 15), as amended by Council Directive 2006/98/EC of 20 November 2006 (OJ 2006 L 363, p. 129) (‘Directive 77/799’), considered in the light of fundamental rights.

2010 Case C-279/09

DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH v Bundesrepublik Deutschland

principle of effectiveness, as enshrined in the case-law of the Court of Justice of the European Union

The reference has been made in the course of proceedings between DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH (‘DEB’) and the Bundesrepublik Deutschland with regard to an application for legal aid submitted by that company to the German courts.

2013 Case C-283/11 Sky Österreich GmbH v Österreichischer Rundfunk

Article 15(6) of Directive 2010/13/EU

The request has been made in proceedings between Sky Österreich GmbH (‘SKY’) and Österreichischer Rundfunk (‘ORF’) concerning the financial conditions under which the latter is entitled to gain access to the satellite signal to make short news reports.

2014 Case C-288/12

European Data Protection Supervisor (EDPS), represented by I. Chatelier, A. Buchta, Z. Belényessy and H. Kranenborg, acting as Agents, v Hungary, represented by M.Z. Fehér, acting as Agent Directive 95/46/EC

By its action, the European Commission asks the Court to declare that, by prematurely bringing to an end the term served by the supervisory authority for the protection of personal data, Hungary has failed to fulfil its obligations under Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data

2013 Case C-291/12 Michael Schwarz v Stadt Bochum

Article 1(2) of Council Regulation (EC) No 2252/2004

The request has been made in proceedings between Mr Schwarz and the Stadt Bochum (city of Bochum) concerning the latter’s refusal to issue him with a passport unless his fingerprints were taken at the same time so that they could be stored on that passport.

2013 Case C-300/11 ZZ v Secretary of State for the Home Department

Article 30(2) of Directive 2004/38/EC Regulation (EEC) No 1612/68 Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC Article 47 of the Charter

The request has been made in proceedings between ZZ and the Secretary of State for the Home Department (‘the Secretary of State’) concerning the latter’s decision excluding ZZ from the United Kingdom of Great Britain and Northern Ireland on grounds of public security

2013 Case C-302/12 X v Minister van Financiën Article 43 EC

The request has been made in proceedings between X and the Minister van Financiën (Ministry for Finance), concerning a tax assessment notice issued to the interested party for non-payment of the tax on cars and motorcycles (‘the vehicle tax’) on first use of an individual motor vehicle on the road network in the Netherlands

2010 Case C-310/08

London Borough of Harrow v Nimco Hassan Ibrahim, Secretary of State for the Home Department

Article 12 of Regulation (EEC) No 1612/68

The reference was made in the course of proceedings between the London Borough of Harrow, on the one hand, and Ms Ibrahim and the Secretary of State for the Home Department, on the other, concerning the rejection of Ms Ibrahim’s application for housing assistance.

2011 Case C-310/10

Ministerul Justiţiei și Libertăţilor Cetăţenești v Ştefan Agafiţei, Raluca Apetroaei, Marcel Bărbieru, Sorin Budeanu, Luminiţa Chiagă, Mihaela Crăciun, Sorin-Vasile Curpăn, Mihaela Dabija, Mia-Cristina Damian, Sorina Danalache, Oana-Alina Dogaru, Geanina Dorneanu, Adina-Cătălina Galavan, Gabriel Grancea, Mădălina Radu (Hobjilă), Nicolae Cătălin Iacobuţ, Roxana Lăcătușu, Sergiu Lupașcu, Smaranda Maftei, Silvia Mărmureanu, Maria Oborocianu, Simona Panfil, Oana-Georgeta Pânzaru, Laurenţiu Păduraru, Elena Pîrjol-Năstase, Ioana Pocovnicu, Alina Pușcașu, Cezar Ştefănescu, Roxana Ştefănescu, Ciprian Ţimiraș, Cristina Vintilă

Article 15 of Council Directive 2000/43/EC Article 17 of Council Directive 2000/78/EC

2015 Case C-316/13

Gérard Fenoll v Centre d’aide par le travail ‘La Jouvene’, Association de parents et d’amis de personnes handicapées mentales (APEI) d’Avignon

Directive 2003/88/EC; Article 31 of the Charter

The reference was made in the context of proceedings between Mr Fenoll and the Centre d’aide par le travail ‘La Jouvène’ (La Jouvène work rehabilitation centre) (CAT ‘La Jouvene’) and the Association de parents et d’amis de personnes handicapées mentales (APEI) (the Association of parents and friends of persons with mental disabilities), Avignon, concerning the applicant’s request for an

allowance in lieu of paid annual leave not taken.

2011 Case C-325/09 Secretary of State for Work and Pensions v Maria Dias

Article 16 of Directive 2004/38/EC and Council Directive 68/360/EEC and Directive 68/360.

The reference has been made in proceedings between the Secretary of State for Work and Pensions and Ms Dias relating to her right to receive income support.

2014 Case C-333/13 Elisabeta Dano, Florin Dano v Jobcenter Leipzig

Article 18 TFEU; Article 20(2) TFEU; Articles 1, 20 and 51 of the Charter; Articles 4 and 70 of Regulation (EC) No 883/2004; Article 24(2) of Directive 2004/38/EC; Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request has been made in proceedings brought by Ms Dano and her son Florin against Jobcenter Leipzig concerning the latter’s refusal to grant them benefits by way of basic provision (‘Grundsicherung’) that are envisaged by German legislation, namely, for Ms Dano, subsistence benefit (‘existenzsichernde Regelleistung’) and, for her son, social allowance (‘Sozialgeld’), as well as a contribution to

accommodation and heating costs

2011 Case C-34/09 Gerardo Ruiz Zambrano v Office national de l’emploi (ONEm)

Articles 12 EC, 17 EC and 18 EC and Articles 21, 24 and 34 of the Charter

That reference was made in the context of proceedings between Mr Ruiz Zambrano, a Columbian national, and the Office national de l’emploi (National Employment Office) (‘ONEm’) concerning the refusal by the latter to grant him unemployment benefits under Belgian legislation.

2010 Case C-345/09

J.A. van Delft, J.C. Ramaer, J.M. van Willigen, J.F. van der Nat, C.M. Janssen, O. Fokkens v College voor zorgverzekeringen

Articles 28, 28a and 33 of Council Regulation (EEC) No 1408/71 Article 29 of Council Regulation (EEC) No 574/72 and Articles 21 TFEU and 45 TFEU

The reference has been made in proceedings between Mr van Delft, Mr Ramaer, Mr van Willigen, Mr van der Nat, Mr Janssen and Mr Fokkens (referred to collectively as ‘the appellants in the main proceedings’) and the College voor zorgverzekeringen (Health Care Insurance Board, ‘the CVZ’) concerning the payment of contributions due under the compulsory statutory sickness insurance scheme applicable in the Netherlands.

2012 Case C-348/09 P. I. v Oberbürgermeisterin der Stadt Remscheid,

Article 28(3)(a) of Directive 2004/38/EC

The reference has been made in proceedings between Mr. I., an Italian national, and the Oberbürgermeisterin der Stadt Remscheid (Germany), concerning the latter’s decision determining the loss of Mr I.’s right of entry and residence in Germany and ordering him to leave Germany, failing which he would be deported to Italy.

2015 Case C-359/13 B. Martens v Minister van Onderwijs, Cultuur en Wetenschap

Articles 20 TFEU, 21 TFEU and 45 TFEU; Article 7(2) of Regulation (EEC) No 1612/68

The request has been made in proceedings between Ms Martens and the Minister van Onderwijs, Cultuur en Wetenschap (Minister for Education, Culture and Science) (‘the Minister’) concerning a request by the latter for repayment of the funding for higher education (‘the study finance’) that had been granted to Ms Martens, on the ground that she did not satisfy the requirement laid down by the national legislation according to which she should have been resident in the Netherlands for a period of three out of the six years preceding her enrolment on a course outside the Netherlands (‘the “three-out-of-six-years” rule’).

2012 Case C-364/10 Hungary, v Slovak Republic, supported by: European Commission

Directive 2004/38/EC Article 3(2) TEU and Article 21(1) TFEU

By its application, Hungary asks the Court to find that the Slovak Republic failed to fulfil its obligations under Directive 2004/38/EC when it did not allow the President of Hungary, Mr Sólyom, to enter its territory;

2012 Case C-370/12 Thomas Pringle v Government of Ireland, Ireland, The Attorney General

Decision 2011/199/EU, Articles 2 TEU, 3 TEU, 4(3) TEU, 13 TEU, Articles 2(3) TFEU, 3(1)(c) and (2) TFEU, 119 TFEU to 123 TFEU and 125 TFEU to 127 TFEU

The reference was made in an appeal against a judgment of the High Court (Ireland) in proceedings brought by Mr Pringle, a member of the Irish Parliament, against the Government of Ireland, Ireland and the Attorney General seeking a declaration, first, that the amendment of Article 136 TFEU by Article 1 of Decision 2011/199 constitutes an unlawful amendment of the FEU Treaty and, secondly, that by ratifying, approving or accepting the Treaty establishing the European stability mechanism concluded in Brussels on 2 February 2012 (‘the ESM Treaty’), Ireland would undertake obligations incompatible with the Treaties on which the European Union is founded.

2014 Case C-378/12 Nnamdi Onuekwere v Secretary of State for the Home Department

Article 16(2) and (3) of Directive 2004/38/EC, Regulation (EEC) No 1612/68 and Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request has been made in the context of proceedings between Mr Onuekwere and the Secretary of State for the Home Department (‘the Secretary of State’), concerning a decision refusing Mr Onuekwere the benefit of a permanent residence card as a family member of a Union citizen.

2012 Case C-379/11 Caves Krier Frères Sàrl v Directeur de l’Administration de l’emploi,

Articles 21 TFEU and 45 TFEU

The reference has been made in proceedings between Caves Krier Frères Sàrl (‘Caves Krier’) and the Administration de l’emploi (the Employment Office) (‘ADEM’) concerning the refusal to grant a subsidy for the recruitment of older unemployed or long-term unemployed persons.

2013 Case C-383/13 PPU

M. G., N. R. VERSUS Staatssecretaris van Veiligheid en Justitie

Article 15(6) of Directive 2008/115/EC Article 41(2)(a) of the Charter

The request has been made in proceedings between Mr G. and Mr R., on the one hand, and the Staatssecretaris van Veiligheid en Justitie (State Secretary for Security and Justice), on the other, concerning the lawfulness of decisions extending the term of detention measures adopted in their regard for the purpose of removal

2011 Case C-391/09

Malgožata Runevič-Vardyn,Łukasz Paweł Wardyn v Vilniaus miesto savivaldybės administracija, Lietuvos Respublikos teisingumo ministerija, Valstybinė lietuvių kalbos komisija, Vilniaus miesto savivaldybės administracijos Teisės departamento Civilinės metrikacijos skyrius,

Articles 18 TFEU and 21 TFEU, and of Article 2(2)(b) of Council Directive 2000/43/EC

The reference has been made in proceedings between, on the one hand, a Lithuanian national, Malgožata Runevič-Vardyn, and her husband, the Polish national Łukasz Paweł Wardyn, and, on the other, the Vilniaus miesto savivaldybės administracija concerning the latter’s refusal to amend the surnames and forenames of the applicants in the main proceedings as they appear on the certificates of civil status which it issued to them.

2013 Case C-394/11

Valeri Hariev Belov v CHEZ Elektro Balgaria AD, Lidia Georgieva Dimitrova, Roselina Dimitrova Kostova, Kremena Stoyanova Stoyanova, CHEZ Razpredelenie Balgaria AD, Ivan Kovarzhchik, Atanas Antonov Dandarov, Irzhi Postolka, Vladimir Marek, Darzhavna Komisia po energiyno i vodno regulirane,

Articles 2(2) and (3), 3(1)(h) and 8(1) of Council Directive 2000/43/EC Article 3(5) of Directive 2003/54/EC Directive 96/92/EC Articles 1 and 13(1) 0f Directive 2006/32/EC Council Directive 93/76/EEC Article 3(7) of Directive 2009/72/EC Article 38 of the Charter

The request has been made in proceedings seeking to establish whether the measure, consisting in placing meters to measure electricity consumption at a height of seven metres on posts situated outside houses connected to the electricity network in two areas of the City of Montana (Bulgaria) mainly inhabited by members of the Roma community, constitutes discrimination based on ethnic origin and, if so, to order the cessation of that discrimination and the payment of fines by the persons responsible.

2015 Case C-396/13 Sähköalojen ammattiliitto ry VERSUS Elektrobudowa Spółka Akcyjna

Articles 56 TFEU and 57 TFEU; Articles 12 and 47 of the Charter; Articles 3, 5, second paragraph, and 6 of Directive 96/71/EC; Article 14(2) of Regulation (EC) No 593/2008

The request has been made in proceedings between the Sähköalojen ammattiliitto ry (‘the Sähköalojen ammattiliitto’), a Finnish trade union in the electricity sector, and Elektrobudowa Spółka Akcyjna (‘ESA’), a company established in Poland, concerning pay claims arising out of employment relationships

2013 Case C-399/11 Stefano Melloni v Ministerio Fiscal

Article 4a(1) of Council Framework Decision 2002/584/JHA Council Framework Decision 2009/299/JHA Article 53 of the Charter

The request has been made in proceedings between Mr Melloni and the Ministerio Fiscal concerning the execution of a European arrest warrant issued by the Italian authorities for the execution of a prison sentence handed down by judgment in absentia against Mr Melloni.

2013 Case C-4/11 Bundesrepublik Deutschland v Kaveh Puid

Article 3(2) of Council Regulation (EC) No 343/2003

The request has been made in proceedings between the Bundesrepublik Deutschland (Federal Republic of Germany), represented by the Bundesamt für Migration und Flüchtlinge (German Federal Office for Migration and Refugees, ‘the Bundesamt’), and Mr Puid, an Iranian national, concerning the decision taken by the Bundesamt declaring his application for asylum inadmissible and ordering his transfer to Greece.

2012 Case C-40/11 Yoshikazu Iida v Stadt Ulm

Directive 2004/38/EC Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The reference has been made in proceedings between Mr Iida and Stadt Ulm (City of Ulm) concerning its refusal to grant him a right of residence in Germany on the basis of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77, and corrigenda OJ 2004 L 229, p. 35, and OJ 2005 L 197, p. 34) and to issue him a residence card on that basis.

2011 Case C-400/08

European Commission, applicant, Kingdom of Spain, defendant, Kingdom of Denmark, intervener Article 43 EC

the Court should declare that the Kingdom of Spain has failed to fulfil its obligations under Article 43 EC, by imposing restrictions on the establishment of shopping centres in Catalonia

2010 Case C-400/10 PPU J. McB. VERSUS L. E.

Council Regulation (EC) No 2201/2003

The reference has been made in proceedings between Mr McB., who is the father of three children, and Ms E., who is the mother of those children, concerning the return to Ireland of those children, who are currently in England with their mother.

2014 Case C-400/12 Secretary of State for the Home Department v M.G.

Directive 2004/38/EC, Regulation (EEC) No 1612/68 and Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request has been made in proceedings between the Secretary of State for the Home Department (‘the Secretary of State’) and Ms G. concerning a decision to expel her from the United Kingdom.

2012 Case C-415/10 Galina Meister v Speech Design Carrier Systems GmbH

Article 8(1) of Council Directive 2000/43/EC Article 10(1) of Council Directive 2000/78/EC Article 19(1) of Directive 2006/54/EC

The reference has been made in proceedings between Ms Meister and Speech Design Carrier Systems GMbH (‘Speech Design’) concerning the discrimination on the grounds of sex, age and ethnic origin that she claims to have suffered during a recruitment procedure.

2015 Case C-419/14,

WebMindLicenses Kft. V Nemzeti Adó- és Vámhivatal Kiemelt Adó- és Vám Főigazgatóság

Articles 2(1)(c), 24(1), 43 and 273 of Council Directive 2006/112/EC Council Regulation (EU) No 904/2010 Article 4(3) TEU and Articles 49 TFEU, 56 TFEU and 325 TFEU Articles 7, 8, 41, 47, 48, 51 and 52 of the Charter

concerning a decision by the latter ordering the payment of various sums in tax relating to the tax years 2009 to 2011 as well as of a fine and of penalties for late payment.

2014 Case C-423/12 Flora May Reyes v Migrationsverket

Article 2(2)(c) of Directive 2004/38/EC, Regulation (EEC) No 1612/68 and Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request has been made in proceedings between Ms Reyes, who is a Philippines citizen, and the Migrationsverket (Immigration Board) concerning the rejection of her application for a residence permit in Sweden.

2014 Case C-429/12 Siegfried Pohl v ÖBB-Infrastruktur AG

Article 21 of the Charter; Article 45 TFEU and of Council Directive 2000/78/EC

The request has been made in proceedings between Mr Pohl and his former employer, ÖBB-Infrastruktur AG (‘ÖBB’), concerning the fixing, at the time of his recruitment to a permanent post on 1 July 1977, of the reference date for the purposes of advancement on the salary scale connected with that post and the consequences of the determination of that date for his classification on that scale and for the calculation of his salary and retirement pension

2011 Case C-430/10

Hristo Gaydarov v Direktor na Glavna direktsia ‘Ohranitelna politsia’ pri Ministerstvo na vatreshnite raboti

Article 27(1) and (2) of Directive 2004/38/EC Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC Regulation (EC) No 562/2006 the Schengen Agreement

The reference has been made in proceedings between Mr Gaydarov, a Bulgarian national, and the Direktor na Glavna direktsia ‘Ohranitelna politsia’ pri Ministerstvo na vatreshnite raboti (Director of the ‘Security Police’ Directorate at the Bulgarian Ministry for the Interior, ‘the Director of Police’), in relation to a measure adopted by the Director of Police whereby Mr Gaydarov was prohibited from leaving the country and the issue to him of a passport or other similar document was prohibited.

2011 Case C-434/09 Shirley McCarthyvSecretary of State for the Home Department,

Article 3(1) and Article 16 of Directive 2004/38/EC

The reference was made in the course of proceedings between Mrs McCarthy and the Secretary of State for the Home Department (‘the Secretary of State’) concerning an application for a residence permit made by Mrs McCarthy.

2011 Case C-434/10,

Petar Aladzhov v Zamestnik direktor na Stolichna direktsia na vatreshnite raboti kam Ministerstvo na vatreshnite raboti

Article 27(1) and (2) of Directive 2004/38/EC Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The reference has been made in proceedings between Mr Aladzhov, a Bulgarian national who is a joint manager of the company Yu.B.N. Kargo, and the Zamestnik direktor na Stolichna direktsia na vatreshnite raboti kam Ministerstvo na vatreshnite raboti (Deputy Director of the Sofia Directorate of the Ministry for the Interior, ‘the Deputy Director’), in relation to the latter’s decision to prohibit Mr Aladzhov from leaving the national territory until such time as the tax debt owed to the Bulgarian State by that company is paid or a security covering full payment of that debt is provided.

2014 Case C-437/13 Unitrading Ltd v Staatssecretaris van Financiën Article 47 of the Charter

The request has been made in proceedings between Unitrading Ltd (‘Unitrading’) and the Staatssecretaris van Financiën concerning the imposition of customs import duties.

2013 Case C-443/11

F.P. Jeltes, M.A. Peeters, J.G.J. Arnold v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen,

Articles 65 and 87(8) of Regulation (EC) No 883/2004 Regulation (EC) No 988/2009 Article 45 TFEU and Article 7(2) of Council Regulation (EEC) No 1612/68

The request has been made in proceedings between Mr Jeltes, Ms Peeters and Mr Arnold, on the one hand, and the Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen, on the other hand, concerning its rejection of their applications to obtain or maintain benefits under the Law on unemployment (Werkloosheidswet; ‘the WW’).

2014 Case C-456/12

O. VERSUS Minister voor Immigratie, Integratie en Asiel and Minister voor Immigratie, Integratie en Asiel VERSUS B.

Directive 2004/38/EC Regulation (EEC) No 1612/68 and Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request has been made in proceedings between Mr O. and the Minister voor Immigratie, Integratie en Asiel (Minister for Immigration, Integration and Asylum) (‘the Minister’), on the one hand, and between the Minister and Mr B., on the other, concerning the decisions refusing to grant them a certificate of lawful residence as a family member of a European Union citizen in the Netherlands.

2014 Case C-457/12

S. VERSUS Minister voor Immigratie and Integratie en AsielMinister voor Immigratie, Integratie en Asiel VERSUS G.

Articles 20 TFEU, 21(1) TFEU and 45 TFEU and Directive 2004/38/EC; Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request has been made in two sets of proceedings between the Minister voor Immigratie, Integratie en Asiel (Minister for Immigration, Integration and Asylum) (‘the Minister’), on the one hand, and, respectively, Ms S. and Ms G., third-country nationals and family members of a European Union citizen of Netherlands nationality, on the other, concerning the Minister’s refusal to grant them a certificate of lawful residence as a family member of a Union citizen in the Netherlands

2012 Case C-466/11

Gennaro Currà and Others v Bundesrepublik Deutschland, joined party: Repubblica italiana,

EU and the FEU Treaties and Articles 17, 47 and 52 of the Charter

The reference has been submitted in the course of proceedings between a number of Italian nationals and the Bundesrepublik Deutschland (Federal Republic of Germany) concerning their application for compensation in respect of the harm which they suffered by reason of their deportation, or the deportation of the persons to whom they are the legal successors, during the Second World War.

2014 Case C-470/12 Pohotovosť s. r. o. VERSUS Miroslav Vašuta

Articles 6 to 8 of Council Directive 93/13/EEC; Articles 38 and 47 of the Charter

The request has been made in proceedings between Pohotovosť s. r. o. (‘Pohotovosť’) and Mr Vašuta concerning the enforcement of an arbitration award ordering the latter to repay sums relating to a consumer credit contract.

2013 Case C-473/12

Institut professionnel des agents immobiliers (IPI) v Geoffrey Englebert, Immo 9 SPRL, Grégory Francotte

Article 13(1)(d) and (g) of Directive 95/46/EC

The request has been made in proceedings between the Institut professionnel des agents immobiliers (IPI) (Belgian Institute of Estate Agents) on the one hand and Mr Englebert, Immo 9 SPRL and Mr Francotte on the other concerning alleged breaches of the national rules on the exercise of the profession of estate agent.

2014 Case C-476/12

Österreichischer Gewerkschaftsbund v Verband Österreichischer Banken und Bankiers

Council Directive 97/81/EC, Council Directive 98/23/EC, Article 28 of the Charter

The request has been made in proceedings between the Österreichischer Gewerkschaftsbund (Austrian Trade Union Federation) and the Verband Österreichischer Banken und Bankiers (Austrian Association of Banks and Bankers (‘the VÖBB’)) concerning a dependent child allowance paid on the basis of the collective agreement applicable to bank staff and bankers (‘the collective agreement’)

2010 Case C-480/08

Maria Teixeira v London Borough of Lambeth, Secretary of State for the Home Department

Article 12 of Regulation (EEC) No 1612/68 and of Directive 2004/38/EC

The reference was made in the course of proceedings between Ms Teixeira and the London Borough of Lambeth and the Secretary of State for the Home Department concerning the rejection by that borough of Ms Teixeira’s application for housing assistance.

2014 Case C-483/12

Pelckmans Turnhout NV v Walter Van Gastel Balen NV, Walter Van Gastel NV, Walter Van Gastel Lifestyle NV, Walter Van Gastel Schoten NV

Articles 6(3) TEU and 20 and 21 of the Charter; Articles 15 and 16 of the Charter; Articles 34 TFEU to 36 TFEU, 56 TFEU and 57 TFEU

The request has been made in proceedings between Pelckmans Turnhout NV (‘Pelckmans’) and Walter Van Gastel Balen NV, Walter Van Gastel NV, Walter Van Gastel Lifestyle NV and Walter Van Gastel Schoten NV, all companies which run garden centres.

2013 Case C-486/12 X Article 12 of Directive 95/46/EC

The request has been made in proceedings brought by X concerning payment of a fee for delivery of a certified transcript containing personal data.

2013 Case C-492/11 Ciro Di Donna v Società imballaggi metallici Salerno srl (SIMSA)

Directive 2008/52/EC Articles 6 and 13 of the European Convention Article 47 of the Charter

This request has been made in proceedings between Mr Di Donna and the Società imballaggi metallici Salerno (SIMSA) srl (‘SIMSA’) concerning compensation for the damage caused to his motor vehicle and in respect of which the Giudice di pace di Mercato San Severino intends to apply the compulsory mediation procedure provided for under Italian law

2015 Case C-497/12

Davide Gullotta, Farmacia di Gullotta Davide & C. Sas v Ministero della Salute, Azienda Sanitaria Provinciale di Catania

Articles 49 TFEU, 102 TFEU and 106 TFEU; Article 15 of the Charter

The request has been made in proceedings between Mr Gullotta and Farmacia di Gullotta Davide & C. Sas, on the one hand, and the Ministero della Salute and the Azienda Sanitaria Provinciale di Catania, on the other hand, concerning the refusal to grant Mr Gullotta authorisation to sell in one of his para-pharmacies medicinal products for which a prescription is required but the cost of which is not borne by the health service.

2013 Case C-501/11 P

Schindler Holding Ltd, established in Hergiswil (Switzerland), Schindler Management AG, established in Ebikon (Switzerland), Schindler SA, established in Brussels (Belgium), Schindler Sàrl, established in Luxembourg (Luxembourg), Schindler Liften BV, established in The Hague (Netherlands), Schindler Deutschland Holding GmbH, established in Berlin (Germany), European Commission, Council of the European Union Case T-138/07

request the Court to set aside the judgment of the General Court of the European Union of 13 July 2011 in Case T-138/07 Schindler Holding and Others v Commission [2011] ECR II-4819 (‘the judgment under appeal’), by which the General Court dismissed their action for annulment of Commission Decision C(2007) 512 final of 21 February 2007 relating to a proceeding under Article [81 EC] (Case COMP/E-1/38.823 − Elevators and Escalators) (‘the decision at issue’), a summarised version of which was published in the Official Journal of the European Union (OJ 2008 C 75, p. 19), or, in the alternative, for reduction of the amount of the fines which were imposed on them.

2014 Case C-507/12 Jessy Saint Prix v Secretary of State for Work and Pensions

Article 45 TFEU; Article 7 of Directive 2004/38/EC; Regulation (EEC) No 1612/68; Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request has been made in the context of proceedings between Ms Saint Prix and the Secretary of State for Work and Pensions (‘the Secretary of State’) concerning the latter’s refusal to grant income support to Ms Saint Prix.

2010 Case C-518/07

European Commission, applicant, supported by: European Data Protection Supervisor, intervener v Federal Republic of Germany, defendant

Article 28(1) of Directive 95/46/EC

the Commission of the European Communities requests the Court to declare that, by making the authorities responsible for monitoring the processing of personal data outside the public sector in the different Länder subject to State oversight, and by thus incorrectly transposing the requirement of ‘complete independence’ of the supervisory authorities responsible for ensuring the protection of that data, the Federal Republic of Germany has failed to fulfil its obligations under the second subparagraph of Article 28(1) of Directive 95/46/EC

2013 Case C-523/12 Dirextra Alta Formazione srl v Regione Puglia

Articles 56 TFEU, 101 TFEU and 107 TFEU; Articles 9 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms; Articles 11 and 14 of the Charter

The request has been made in proceedings between Dirextra Alta Formazione srl (‘Dirextra’), a provider of post-graduate education, and Regione Puglia (the Puglia Region) concerning the decisions taken by the latter making the award of university student grants co-financed by the European Social Fund (‘the ESF’) subject to certain conditions relating, inter alia, to the length of time for which the educational body with which applicants for such grants plan to enrol has been in existence.

2013 Case C-528/11 Zuheyr Frayeh Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet

Council Regulation (EC) No 343/2003 Articles 18, 41 and 47 of the Charter

The request has been made in proceedings between Mr Halaf, an Iraqi national, and the Darzhavna agentsia za bezhantsite pri Ministerskia savet (State Agency for Refugees at the Council of Ministers, ‘the DAB’) concerning that agency’s decision refusing to commence a procedure for granting refugee status to him and authorising his transfer to Greece.

2013 Case C-539/11

Ottica New Line di Accardi Vincenzo v Comune di Campobello di Mazara, Intervener: Fotottica Media Visione di Luppino Natale Fabrizio e. C. s.n.c.,

Articles 49 TFEU and 56 TFEU

The request has been made in proceedings between Ottica New Line di Accardi Vincenzo and the Comune di Campobello di Mazara (Italy) concerning the latter’s decision to authorise Fotottica Media Visione di Luppino Natale Fabrizio e. C. s.n.c. (‘Fotottica’) to carry out the activity of optician, on a permanent basis, in the territory of that municipality.

2015

Case C-539/14

Juan Carlos Sánchez Morcillo, María del Carmen Abril García v Banco Bilbao Vizcaya Argentaria SA,

Article 7 of Council Directive 93/13/EEC and Articles 47, 34(3) and 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’)

concerning their objection to the mortgage enforcement in respect of their property.

2012 Case C-544/10 Deutsches Weintor eG v Land Rheinland-Pfalz

Article 2(2)(5) and Article 4(3) of Regulation (EC) No 1924/2006 Commission Regulation (EU) No 116/2010 Articles 15(1) and 16 of the Charter

The reference has been made in proceedings between Deutsches Weintor eG (‘Deutsches Weintor’), a German winegrowers’ cooperative, and the department responsible for supervising the marketing of alcoholic beverages in the Land of Rhineland-Palatinate concerning the description of a wine as ‘easily digestible’ (‘bekömmlich’), indicating reduced acidity levels.

2010 Case C-56/09 Emiliano Zanotti v Agenzia delle Entrate – Ufficio Roma 2 Articles 49 EC and 18 EC

The reference was made in proceedings between Mr Zanotti and the Agenzia delle Entrate – Ufficio Roma 2 (Revenue authority – Rome Office 2, ‘the Agenzia’) concerning the deduction from gross tax of the costs of attending a university course provided in another Member State.

2014 Case C-56/13 Érsekcsanádi Mezőgazdasági Zrt v Bács-Kiskun Megyei Kormányhivatal

Council Directives 92/40/EEC2005/94/; ECDirective 92/40/EEC; Commission Decisions 2006/105/EC;2006/115/EC; Decisions 2006/86/EC 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC; Articles 16, 17 and 47 of the Charter

The request has been made in proceedings between Érsekcsanádi Mezőgazdasági Zrt, a stock-farming undertaking, and the Bács-Kiskun Megyei Kormányhivatal (Office of the regional government of Bács-Kiskun), concerning the latter’s refusal to include, when compensating the former for damage caused in the exercise of public authority, an amount representing compensation for loss of profits.

2013 Case C-565/11

Mariana Irimie v Administraţia Finanţelor Publice Sibiu, Administraţia Fondului pentru Mediu

The request has been made in proceedings between Ms Irimie, a Romanian national, and the Administraţia Finanţelor Publice Sibiu (State Finance Administration, Sibiu) and the Administraţia Fondului pentru Mediu (Environment Fund Administration) concerning the payment of interest on the repayment of a tax levied in breach of European Union law.

2012 Case C-571/10

Servet Kamberaj v Istituto per l’Edilizia sociale della Provincia autonoma di Bolzano (IPES), Giunta della Provincia autonoma di Bolzano, Provincia autonoma di Bolzano, intervening parties: Associazione Porte Aperte/Offene Türen, Human Rights International, Associazione Volontarius, Fondazione Alexander Langer

Articles 2 TEU, 6 TEU, 18 TFEU, 45 TFEU and 49 TFEU, 21 and 34 of the Charter Council Directive 2000/43/EC Council Directive 2003/109/ECArticles 14 of the European Convention Article 1 of Protocol No 12 to the Convention

The reference has been made in proceedings between Mr Kamberaj and the Istituto per l’Edilizia sociale della Provincia autonoma di Bolzano (the Social Housing Institute of the Autonomous Province of Bolzano; ‘the IPES’), the Giunta della Provincia autonoma di Bolzano (Government of the Autonomous Province of Bolzano; ‘the Giunta’) and the Provincia autonoma di Bolzano (Autonomous Province of Bolzano) on account of the rejection by the IPES of his application for housing benefit for the year 2009, on the ground that the Autonomous Province of Bolzano’s budget for the grant of that benefit to third-country nationals was exhausted.

2015

Case C-583/14

Benjámin Dávid Nagy v Vas Megyei Rendőr-főkapitányság

Article 18 TFEU and Article 20(2)(a) TFEU

Administrative fines for persons residing in one member state with a vehicle registered in another member state

2015

Case C-583/14

Benjámin Dávid Nagy v Vas Megyei Rendőr-főkapitányság

Article 18 TFEU and Article 20(2)(a) TFEU

Administrative fines for persons residing in one member state with a vehicle registered in another member state

2013 Case C-589/10 Janina Wencel v Zakład Ubezpieczeń Społecznych w Białymstoku

Articles 20(2) TFEU and 21 TFEU Regulation (EEC) No 1408/71 Regulation (EC) No 118/97 Regulation (EC) No 592/2008

The request has been made in proceedings between Mrs Wencel and the Zakład Ubezpieczeń Społecznych w Białymstoku (the Białystok section of the national social security institution) (‘the ZUS’) concerning her entitlement to a retirement pension

2014 Case C-604/12 H. N. VERSUS Minister for Justice, Equality and Law Reform,Ireland,Attorney General

Council Directive 2004/83/ECArticle 41 of the Charter

The request has been made in proceedings between Mr. N., a Pakistani national, the applicant in the main proceedings, and the Minister for Justice, Equality and Law Reform (‘the Minister’), Ireland and the Attorney General concerning the Minister’s refusal to consider Mr N.’s application for subsidiary protection status on the basis that he had not previously submitted an application for refugee status.

2012 Case C-614/10

European Commission, supported by: European Data Protection Supervisor (EDPS) v Republic of Austria, supported by: Federal Republic of Germany

Article 28(1) of Directive 95/46/EC

By its action, the European Commission asks the Court to declare that, by failing to take all of the measures necessary to ensure that the legislation in force in Austria meets the requirement of independence with regard to the Datenschutzkommission (Data Protection Commission; ‘the DSK’), which was established as a supervisory authority for the protection of personal data, the Republic of Austria has failed to fulfil its obligations under the second subparagraph of Article 28(1) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31).

2013 Case C-617/10 Åklagaren v Hans Åkerberg Fransson

interpretation of the ne bis in idem principle in European Union law.

The request has been made in the context of a dispute between the Åklagaren (Public Prosecutor’s Office) and Mr Åkerberg Fransson concerning proceedings brought by the Public Prosecutor’s Office for serious tax offences.

2015 Case C-647/13 Office national de l’emploi v Marie-Rose Melchior Article 34(1) of the Charter

The request has been made in proceedings between the Office national de l’emploi (National Employment Office; ‘ONEM’) and Ms Melchior concerning that body’s refusal to grant Ms Melchior unemployment benefit

2015 Case C-650/13 Thierry Delvigne v Commune de Lesparre-Médoc, Préfet de la Gironde,

Articles 39 and 49 of the Charter

The request has been made in proceedings between Mr Delvigne and (1) the Commune de Lesparre-Médoc (municipality of Lesparre-Médoc) (France) and (2) the Préfet de la Gironde (Prefect of Gironde) concerning the removal of Mr Delvigne from the electoral roll of that municipality

2014 Case C-665/13

Sindicato Nacional dos Profissionais de Seguros e Afins v Via Directa — Companhia de Seguros SA

Articles 20 and 21 of the Charter

The request has been made in proceedings between the Sindicato Nacional dos Profissionais de Seguros e Afins and Via Directa — Companhia de Seguros SA (‘Via Directa’), concerning the suspension of Christmas bonuses or any other benefit relating to the 13th and/or 14th month pay in respect of 2012

2015 Case C-67/14

Jobcenter Berlin Neukölln v Nazifa Alimanovic, Sonita Alimanovic, Valentina Alimanovic, Valentino Alimanovic

Directive 2004/38/EC, Article 24(2); Regulation (EC) No 883/2004, Articles 4 and 70, Articles 18 TFEU and 45(2) TFEU and Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC

The request has been made in proceedings between, on one hand, Jobcenter Berlin Neukölln (the Employment Centre, Berlin Neukölln) (‘the Job Centre’) and, on the other hand, Nazifa Alimanovic and her three children, Sonita, Valentina and Valentino Alimanovic (together ‘the Alimanovic family’), concerning the withdrawal by that agency of benefits by the way of basic provision (‘Grundsicherung’) provided for under German law

2011 Case C-70/10

Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM), intervening parties: Belgian Entertainment Association Video ASBL (BEA Video), Belgian Entertainment Association Music ASBL (BEA Music), Internet Service Provider Association ASBL (ISPA),

2000/31/EC 2001/29/EC 2004/48/EC 95/46/EC 2002/58/EC

The reference has been made in proceedings between Scarlet Extended SA (‘Scarlet’) and the Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM) (‘SABAM’) concerning Scarlet’s refusal to install a system for filtering electronic communications which use file-sharing software (‘peer-to-peer’), with a view to preventing file sharing which infringes copyright.

2010 Case C-73/08

Nicolas Bressol and Others, Céline Chaverot and Others v Gouvernement de la Communauté française

Article 12 EC and Article 18(1) EC, in conjunction with Articles 149(1) and (2) EC and Article 150(2) EC

The reference was made in proceedings between Mr Bressol and others and Ms Chaverot and others, on the one hand, and the Gouvernement de la Communauté française (Government of the French Community), on the other hand, seeking a review of the constitutionality of the decree of the French Community of 16 June 2006 which regulates the number of students in certain programmes in the first two years of undergraduate studies in higher education (Moniteur belge of 6 July 2006, p. 34055; ‘the decree of 16 June 2006’).

2012 Case C-83/11

Secretary of State for the Home Departmentv v Muhammad Sazzadur Rahman, Fazly Rabby Islam, Mohibullah Rahman

Articles 3(2) and 10(2) of Directive 2004/38/EC Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The reference has been made in proceedings between the Secretary of State for the Home Department (‘the Secretary of State’) and Muhammad Sazzadur Rahman, Fazly Rabby Islam and Mohibullah Rahman, who are Bangladeshi nationals, concerning the application by those latter parties for a permit to reside in the United Kingdom as family members of a national of a State in the European Economic Area (‘the EEA’)

2015 Case C-83/14 CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia

Article 1, Article 2(1) and (2)(a) and (b) of Council Directive 2000/43/EC; Article 21 of the Charter

The request has been made in proceedings by which CHEZ Razpredelenie Bulgaria AD (‘CHEZ RB’) seeks the annulment of a decision of the Komisia za zashtita ot dikriminatsia (Commission for Protection against Discrimination; ‘the KZD’) by which it ordered CHEZ RB to bring discrimination against Ms Nikolova to an end and to refrain from discriminatory behaviour of that type in the future.

2013 Case C-86/12

Adzo Domenyo Alokpa, Jarel Moudoulou, Eja Moudoulou v Ministre du Travail, de l’Emploi et de l’Immigration

Articles 20 TFEU and 21 TFEU, and Directive 2004/38/ECRegulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The request was made in proceedings between Mrs Alokpa and the Ministre du Travail, de l’Emploi et de l’Immigration concerning the Minister’s decision refusing to grant Mrs Alokpa a right of residence in Luxembourg and ordering her to leave that Member State.

2013 Case C-87/12

Kreshnik Ymeraga, Kasim Ymeraga, Afijete Ymeraga-Tafarshiku, Kushtrim Ymeraga, Labinot Ymeraga v Ministre du Travail, de l’Emploi et de l’Immigration Article 20 TFEU

The request has been made in proceedings between Mr Kreshnik Ymeraga and the ministre du Travail, de l’Emploi et de l’Immigration concerning the Minister’s decision refusing to grant Mr and Mrs Ymeraga, Mr Kushtrim Ymeraga and Mr Labinot Ymeraga a right of residence in Luxembourg and

ordering them to leave Luxembourg.

2014 Case C-92/14 Liliana Tudoran, Florin Iulian Tudoran, Ilie Tudoran v SC Suport Colect SRL

Articles 49 TFEU and 56 TFEU and Article 47 of the Charter; Articles 3 and 10 of Council Directive 93/13/EEC; Directive 2008/48/EC; Council Directive 87/102/EEC

The request has been made in proceedings between Mrs Tudoran, Mr Florin Iulian Tudoran and Mr Ilie Tudoran and SC Suport Colect SRL (‘Suport Colect’), concerning the recovery of a debt arising from a credit agreement concluded for the purchase of immovable property subject to a mortgage

2013 Case C-93/12

ET Agrokonsulting-04-Velko Stoyanov v Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’ – Razplashtatelna agentsia Article 47 of the Charter

The request has been made in proceedings between ET Agrokonsulting-04-Velko Stoyanov (‘Agrokonsulting’) and the Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’ – Razplashtatelna agentsia (the Executive Director of the National Agriculture Fund – paying agency, ‘the Direktor’) concerning an application for aid with a view to financing under the European Union common agricultural policy.

2010 Case T-181/08

Pye Phyo Tay Za, applicant v Council of the European Union, defendant, supported by: United Kingdom of Great Britain and Northern Ireland, and by: European Commission, interveners

Common Position 96/635/CFSP Article [12 EU]

APPLICATION for annulment of Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006 (OJ 2008 L 66, p. 1), in so far as the applicant’s name appears on the list of persons, entities or bodies to which the regulation applies

2011 Case T-19/06 Mindo Srl, applicant v European Commission, defendant

Commission Decision C (2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 – Raw tobacco – Italy)

APPLICATION for partial annulment of Commission Decision C (2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 – Raw tobacco – Italy) and, in the alternative, application for a reduction in the fine imposed on Mindo Srl,

2012 Case T-190/10

Kathleen Egan and Margaret Hackett, applicants, supported by: European Data Protection Supervisor (EDPS), intervener v European Parliament, defendant

Article 4(1)(b) of Regulation (EC) No 1049/2001

APPLICATION for annulment of the European Parliament’s decision of 12 February 2010 in so far as it refuses to grant the applicants the access sought to the public registers of assistants to former members of the European Parliament

2013 Case T-383/11

Eyad Makhlouf, applicant v Council of the European Union, defendant, supported by: European Commission, intervener

Council Implementing Decision 2011/302/CFSP and Decision 2011/273/CFSP

APPLICATION for annulment of Council Implementing Decision 2011/302/CFSP of 23 May 2011 implementing Decision 2011/273/CFSP concerning restrictive measures against Syria in so far as those acts concern the applicant,

2014

Cases C-141/12 and C-372/12

YS (C-141/12) v Minister voor Immigratie, Integratie en Asiel and Minister voor Immigratie, Integratie en Asiel (C-372/12) v M S

Articles 2(a), 12(a) and 13(1)(d), (f) and (g) of Directive 95/46/EC and of Articles 8(2) and 41(2)(b) of the Charter

The requests have been made in two sets of proceedings between YS, a third country national who applied for a residence permit for a fixed period in the Netherlands, and the Minister voor Immigratie, Integratie en Asiel (Minister for Immigration, Integration and Asylum, ‘the Minister’) concerning the Minister’s refusal to communicate to those nationals a copy of an administrative document drafted before the adoption of the decisions on their applications for residence permits.

2014

Cases C-148/13 to C-150/13

A (C-148/13), B (C-149/13), C (C-150/13) v Staatssecretaris van Veiligheid en Justitie

Article 4 of Council Directive 2004/83/EC; Articles 3 and 7 of the Charter

The requests have been made in proceedings between A, B and C, who are third country nationals, and the Staatssecretaris van Veiligheid en Justitie (State Secretary for Security and Justice, ‘the Staatssecretaris’) concerning the rejection of their applications for temporary residence permits (asylum) in the Netherlands.

2013

Cases C-197/11 and C-203/11

Eric Libert, Christian Van Eycken, Max Bleeckx, Syndicat national des propriétaires et copropriétaires ASBL, Olivier de Clippele v Gouvernement flamand, intervening parties: Collège de la Commission communautaire française, Gouvernement de la Communauté française, Conseil des ministres (C-197/11), andAll Projects & Developments NV and Others, vVlaamse Regering,intervening parties:College van de Franse Gemeenschapscommissie,Franse Gemeenschapsregering,Ministerraad,Immo Vilvo NV,PSR Brownfield Developers NV (C-203/11),

Articles 21 TFEU, 45 TFEU, 49 TFEU, 56 TFEU and 63 TFEU and Articles 22 and 24 of Directive 2004/38/EC Regulation (EEC) No 1612/68 Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The requests have been made in two sets of proceedings brought against the Vlaamse Regering concerning provisions which make the transfer of property located in certain communes selected by the Vlaamse Regering (‘the target communes’) subject to a ‘special condition’ that the property may be ‘transferred’, meaning sold, leased for more than nine years or subject to a grant of a right under a long-term lease or a building lease, only to persons who have, in the opinion of a provincial assessment committee, a ‘sufficient connection’ with the communes in question.

2012

Cases C-229/11 and C-230/11

Alexander Heimann (C-229/11),Konstantin Toltschin (C-230/11) v Kaiser GmbH

Article 31(2) of the Charter Article 7 of Directive 2003/88/EC

The references have been made in proceedings between Mr Heimann and Mr Toltschin, respectively, and their former employer Kaiser GmbH (‘Kaiser’), concerning their right to an allowance in lieu of paid annual leave not taken in 2009 and 2010.

2012

Cases C-356/11 and C-357/11

O, S v Maahanmuuttovirasto (C-356/11) and Maahanmuuttovirasto v L (C-357/11) Article 20 TFEU

The references have been made in proceedings, first, between Mr O and Ms S, who are third country nationals, and the Maahanmuuttovirasto (Immigration Office) (Case C-356/11) and, secondly, between the Maahanmuuttovirasto and Ms L, also a third country national (Case C-357/11), concerning the rejection of their applications for residence permits on the basis of family reunification.

2011

Cases C-411/10 and C-493/10

N. S. (C-411/10) v Secretary of State for the Home Department and M. E. (C-493/10), A. S. M., M. T., K. P., E. H. v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform, intervening parties: Amnesty International Ltd and the AIRE Centre (Advice on Individual Rights in Europe) (UK) (C-411/10), United Nations High Commissioner for Refugees (UNHCR) (UK) (C-411/10), Equality and Human Rights Commission (EHRC) (C-411/10), Amnesty International Ltd and the AIRE Centre (Advice on Individual Rights in Europe) (IRL) (C-493/10), United Nations High Commissioner for Refugees (UNHCR) (IRL) (C-493/10)

Article 3(2) of Council Regulation (EC) No 343/2003 Articles 1, 4, 18, 19(2) and 47 of the Charter Protocol (No 30) on the application of the Charter to Poland and to the United Kingdom

The references have been made in proceedings between asylum seekers who were to be returned to Greece pursuant to Regulation No 343/2003 and, respectively, the United Kingdom and Irish authorities.

2011

Cases C-424/10 and C-425/10

Tomasz Ziolkowski (C-424/10) Barbara Szeja, Maria-Magdalena Szeja, Marlon Szeja (C-425/10) v Land Berlin, intervening parties: Vertreter des Bundesinteresses beim Bundesverwaltungsgericht

Article 16 of Directive 2004/38/EC Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

The references were made in two sets of proceedings between Mr Ziolkowski and Mrs Szeja and her two minor children, the applicants in the main proceedings, and the Land Berlin concerning the latter’s refusal to issue the applicants with a document certifying that they have a right of permanent residence under Article 16 of Directive 2004/38.

2015

Cases C-446/12 to C-449/12

W.P. Willems (C-446/12) v Burgemeester van Nuth; H.J. Kooistra (C-447/12) v Burgemeester van Skarsterlân; M. Roest (C-448/12) v Burgemeester van Amsterdam; L.J.A. van Luijk (C-449/12) v Burgemeester van Den Haag

Articles 1(3) and 4(3) of Council Regulation (EC) No 2252/2004, Regulation (EC) No 444/2009

The requests have been made in proceedings concerning the refusal by the latter to issue the applicants in the main proceedings with a passport (C-446/12, C-448/12 and C-449/12) and an identity card (C-447/12) unless their biometric data was recorded at the same time.

2011

Cases C-468/10 and C-469/10

Asociación Nacional de Establecimientos Financieros de Crédito (ASNEF) (C-468/10), Federación de Comercio Electrónico y Marketing Directo (FECEMD) (C-469/10) v Administración del Estado, intervening parties: Unión General de Trabajadores (UGT) (C-468/10 and C-469/10), Telefónica de España SAU (C-468/10), France Telecom España SA (C-468/10 and C-469/10), Telefónica Móviles de España SAU (C-469/10), Vodafone España SA (C-469/10), Asociación de Usuarios de la Comunicación (C-469/10)

Article 7(f) of Directive 95/46/EC

the following questions, which are formulated in identical terms in both cases, to the Court for a preliminary ruling: 1. Must Article 7(f) of [Directive 95/46] be interpreted as precluding the application of national rules which, in the absence of the interested party’s consent, and to allow processing of his personal data that is necessary to pursue a legitimate interest of the controller or of third parties to whom the data will be disclosed, not only require that fundamental rights and freedoms should not be prejudiced, but also require the data to appear in public sources? 2. Are the conditions for conferring on it direct effect, set out in the case-law of the Court … met by the abovementioned Article 7(f)?

2014

Cases C-501/12; C-506/12, C-540/12; C-541/12

Thomas Specht (C-501/12); Jens Schombera (C-502/12); Alexander Wieland (C-503/12); Uwe Schönefeld (C-504/12); Antje Wilke (C-505/12); Gerd Schini (C-506/12) v Land Berlin, Rena Schmeel (C-540/12); Ralf Schuster (C-541/12) v Bundesrepublik Deutschland

Articles 2, 3(1)(c) and 6(1) of Council Directive 2000/78/EC

The requests have been made in proceedings between, in Cases C-501/12 to C-506/12, Mr Specht, Mr Schombera, Mr Wieland, Mr Schönefeld, Ms Wilke and Mr Schini, Land Berlin civil servants and Land Berlin and in Cases C-540/12 and C-541/12, Ms Schmeel and Mr Schuster, between federal civil servants and the Federal Republic of Germany, concerning the methods of allocating to those civil servants a step or a transitional step within grades of the pay scheme applicable in each case.

2013

Cases C-523/11 and C-585/11

Laurence Prinz v Region Hannover (C-523/11) and Philipp Seeberger vStudentenwerk Heidelberg (C-585/11)

Articles 20 TFEU and 21 TFEU

Those requests have been made in proceedings between Ms Prinz, a German national and Region Hannover (Hanover Region, Department for Education and Training Grants) and Mr Seeberger, also a German national and Studentenwerk Heidelberg, Amt für Ausbildungsförderung (Student Administration, Heidelberg, Office for Education and Training Assistance; ‘Studentenwerk’) concerning the right to a grant for studies in educational establishments in Member States other than the Federal Republic of Germany.

2012 Cases C-71/11 and C-99/11

Bundesrepublik Deutschland v Y (C-71/11) Z (C-99/11) intervening parties:Vertreter des Bundesinteresses beim Bundesverwaltungsgericht,Bundesbeauftragter für Asylangelegenheiten beim Bundesamt für Migration und Flüchtlinge,

Articles 2(c) and 9(1)(a) of Council Directive 2004/83/EC

The references have been made in proceedings between, on the one hand, the Federal Republic of Germany, represented by the Bundesministerium des Inneren (Federal Ministry of the Interior), in turn represented by the Bundesamt für Migration und Flüchtlinge (Federal Office for Migration and Refugees) (‘the Bundesamt’), and, on the other, Y and Z, Pakistani nationals, concerning the Bundesamt’s rejection of their applications for asylum and recognition of refugee status.